The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-10-22
roRTnEcoNDEMNED ANARCHISTS
Praying for Writ OF Error From tho U. 3.
Supreme Court-Arguments of General
Pryor-A Prayer for "Constitutionnl N
81 RightA'--Chicago Frightened,

General B. F. Butler, Captain Black, ant
all Of the other counsel for the condemned
prisoners, were present, and in whispered
consultation. .,s u
At hall past ten neither Justice Harluu
nor the record in the case had arrived
Five minutes later, however, two men
came In carrying with difficulty a large
blue, Uncovered trunk, cordsd with half,
inch rope, which contained the volumin
ous record, and under the weight OF which
the bearors Visibly staggered. !.
At twenty minutes to eleven Mr.. Justice
Harlan entered the conference room, and
after greeting the counsel and directing
that all the newspaper men be allowed to
come in and take such places 40 best suit.
ed their convenience, he seated himself
st his desk and called ior attention. Az
soon as the room had become quiet Jus.
tics Harlan, withou. waiting for any for.
NAL motion or application from the prlu.
oner's counsel, aaid, with GLOW, deliberate
enunciation: (5r ~, is
This is an application for writ Of
error 10 bring up for review by the Su.
preme Court OF the United States juds.
ment Of the Supreme Court OF tho State
Of Illinois, involving tho liberty OF Que OF
the pstitionera and the lives OF the o.hers.
The time fixed for executing the sentence
Of death is, am informed, tho 1lth day ol
November. 5s 5sf',zI' 81 il. ss
"Under the circumstances it ia my duty
to facilitate an early decision OF any cues.
ton in tho case OF which the Supreme
Court Of the United S.ates msy properly
take cognizsncs. II should allo a writ
Of error it is quite certsin that counsel
would have to repeat before that court
the argument which they propose now 10
make before me. On tho other hand, II
I ehould refuse the writ the defendants
would be at liberty to renew their appli-
cation before any other Justice OF tho Su-
prems Court, and RS human lie and lib.
erty are involved, that Justice might feel
Obliged, notwithstanding a provioua re-
fuaat Of the writ, to look into tho case and
determine for himself whether q writ of
error should be allowed. II hs alao re-
fused the defendants could take the papers
to some other member of the court, and
go on, until each Jnstics had been applied
to or until some Justica granted to writ.
In this way it is manifest that delays
might occur that would be very enlbay-
raising, in view OF the short time inter-
venipg between this day and the date
fixed for carrying into effect the judgment
Of the State Court.
"As the case ia one OF q very serious
character in whatever sspec. it may be
regarded, deem 1t proper to make an Or
der, which now do, that council prensnt
this application to tho Court in opsn eea-
sion, to the end that early aud final action
may be had upon the question whether
that Court has iuriedicslon to review the
judgment in this case. There is no rea.
son why 1t may not be presented to the
Court ct it's session to-day. Counsel may
state that the application is msds to the
Court pursuant to my direction"
The Anarchiste' counsel held shor!
consultation and decided to bring the
matter to the attention of the Court at
once, and 80, Just before noon, Captain
Black and Mr.. Solomon, OF Chicago, Roger
A. Pryor, General 6. F. Butler and Ran.
dolph Tucker, Of Virginia, csme into tho
court room and awaited tho opening OF
the court. f..
e A few moments lator Roger A. Pryor
aroec, presented the petition aad began
an argument urging the interference OF
the Court OH behalf OF his clients.
MR.. PRYoR's ARGUMENT. e.
litor recisins briefly & history OF the
case and s!.!ing that seven OF tho prison.
era were now uudsr ssatancs OF death,
Mr.. Pryor said he would call tue attention
OF tho court to only two points which ho
relied upon to show that tho cass pro.
sentsd federal questions, and that such
question: empowered sni5 court to take
Jurisdiction Of it and to grsns the writ OF
error prayed for. Tne frs. Of thene points
relaxed to the jury by which the pri:one1u
wero tried. The Legislature OF the S!s!e
OF Illinois passed March, 1874, that Ia,
after Che adoption OF the Fourteenth
Amendment 10 the Constitution, a law to
regulate and govern tho anpanelment OF
jurien In State Courts. BY virtue ci that
law q jury ios the trisl Of a criminal osss
might be mads up IN part, at least, Of
Jurors who had formed an opinion with
regard to the guilt or innocsnc9 OF the
persons accussd-juFors who vera par
tinl and even prejudiced men. Tho Isw
made 1t posoibl ! 0 to put into the jury box
man who had f9rmed an opinion as to
the prisoners guilt, which gould not be
removed except by strong eyiderca. Thia,
he believed, had boon done iI the Gess
nnder consideration, and the petitioners
ssasrted TINT this statute and the effect
given to 1t IN tho courts below had do.
privsd them Of their rights end was about
10 deprive them Of their lives withou.
"due process Of ,lawn as i'glaraJssa4 by
the Constitution" i@5t @.5 II
It appears OF record, said Mr.. Pryor,
that tho esatute Was called in question In
the tSial coest ss repuguant { I the pro.
visions both OF tho FEDERAL Constitution
ana OF the Consultation al tho stste OF
illinois, but the court affirmed lte censti.
tutiopaiity upon the authority Of the de-
cision Of the Illinois Supreme Court, and
the latter sitsrSar!ls Sustained the judg-
msnt. Mr.. Pryor then fesd sStssets from
the records to show that among the tsies;
men In tho trial court thore vera men
who admitted that they had read tho no va.
papers and formed an opinion with regard
to the case, and were therefore partial. 81
!. Mr.. Jus!ice SiillsS-@-".Wss any one of
the jurors shown to haya road peYnpaper
ACCOUNTS and formed an opinion, olc., ss
YOU describe P"3.55 4 &
4 Mr.. Pryor replied that any man was 80.
cspted as q juror, notwithstanding the fact
that he had formed an opinion, II he
thought he could yanasr IN impartial yer.
dict on the evidence. Mr. Pryor said It
abundantly appeared III the RECORD tbat at
least two Of the Jurors who actually Sss
in the trial were persons having prepos-
sessions and pref udiccs Of the character
described. Thpsi by the action Of the
lower court, hs bald. tie Illinois statute
had been made to tdeprlse the sca5req Of
the riyht CT trial BY sn impartial! jury h9d
sbridRed their privileges ss citiSsnc Of tho
United States, aud was shout to deprive
them Of their life, otc., without due pso.